TUSHARKUMAR RANJITBHAI BARIA Vs. BHUNESHVAR SHIV PANDIT

JUDGEMENT

(1.) Both the MACPs being MACP No.545/2015 and MACP No.546/2015 impugned in both the appeals, came to be dismissed on 3/1/2019 by Motor Accident Claims Tribunal (Aux.), Godhra. MACP No.546/2015 was filed by minor, who was a pillion rider, while MACP No.545/2015 was raised by the driver of the motorcycle No. GJ-17-AA- 6635.

(2.) Against the judgment of dismissal of both the MACPs, the present appeals have been raised being aggrieved and dissatisfied by the dismissal.

(3.) Mr.Nishit A.Bhalodi, learned advocate for the appellant, referring to the observations made in both the judgments, submitted that the claimant of MACP No.546/2015 was a pillion rider, hence, it would be a case of composite negligence, since the vehicles involved were Motorcycle No. GJ-17-AA-6635 and Motorcycle No. GJ-17- AC-1677. Mr. Bhalodi submits that the pillion rider and the claimant of MACP No.545/2015 sustained injury because of the accident.